Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Repetition

Article 5 of the Convention. Periodical payments. In its previous comments, the Committee pointed to the fact that, pursuant to sections 5 and 6 of the Workers Compensation Act of 2000, a permanently incapacitated worker or the surviving dependants of a deceased worker are only compensated in the form of a lump sum payment equivalent to 60 months’ earnings at most, whereas the Convention requires that, in principle, compensation needs to be paid in the form of periodical payments, without limit of time. The Government indicates in its last report that it developed the Workers Compensation Regulations to provide guidance on paying compensation in the form of periodical payments and that a circular letter has been issued to all District Labour Officers to ensure compliance with this principle. The Government further reiterates the indication from its previous report that consensus was reached with the social partners concerning the amendment of sections 5 and 6 of the Workers Compensation Act, to provide for the periodical payment of benefits without limit of time and that the issue has been placed on the agenda of the Labour Advisory Board (LAB) for further consultation.

While it again takes note of this statement, the Committee is bound to recall that a national legislation establishing a limit on the amount of compensation cannot be considered as giving effect to Article 5 of the Convention which requires that employment injury benefits need, in principle, to be made in the form of periodical payments. The Committee therefore requests the Government to indicate the reasons why progress on this issue has still not been possible. The Committee also requests the Government to provide a copy of the new “Workers Compensation Regulations”.

Recommendations of the Standards Review Mechanism. The Committee notes that, according to the recommendations made by the Tripartite Working Group of the Standards Review Mechanism, as approved by the ILO Governing Body, member States which have ratified the Convention are encouraged to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part VI, as the most up-to-date instruments in this subject area (GB.328/LILS/2/1). The Committee reminds the Government of the possibility of availing itself of ILO technical assistance in this respect.